crime of forging and making any false and counterfeit coin, as aforesaid, for every person that shall be so convicted, the sum of sixty dollars: and for any conviction of the crime of possessing, with an intent to utter, or of knowingly uttering any such false and counterfeit certificate, bill, note, money or coin, the sum of forty dollars, for every person that shall be so convicted. And when it shall happen that two or more Case of more are the informers and prosecutors, in any one offence, the re-cutor in one cfward thereupon to be allowed, shall be divided between them reward equally, or in such other proportions, as the Justice or Justices certifying as aforesaid, shall determine and appoint.

[Approved February 19, 1821.]

than one prose

fence

to be divided.

:0:

CHAPTER XII.

An Act against Perjury and Subornation of Perjury.

perjury.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person, being law- Penishment of fully required to depose the truth, in any proceeding in a course of justice, shall commit any manner of wilful perjury, every persor so offending, and being thereof convicted before the Supreme Judicial Court, shall be punished by solitary imprisonment, for a term not exceeding three months, and by confinement afterwards to hard labor, for a term not less than two years, and not exceeding fifteen years.

Of subornation

SEC. 2. Be it further enacted, That if any person shall commit subornation of perjury, by procuring another person of perjury. to commit wilful and corrupt perjury as aforesaid, every person guilty of such subornation of perjury, and being thereof duly convicted, shall be liable to, and suffer the same punishment and disability, as in this act is provided for the punishment of wilful perjury.

endeavor to

procure the

perjury.

SEC. 3. Be it further enacted, That if any person shall Of a corrupt wilfully and corruptly endeavor to incite or to procure another person to commit wilful and corrupt perjury, as commission of aforesaid, and the person, so incited, do not commit such the crime of perjury, the person so corruptly endeavoring to incite, and procure the committing of perjury, shall be punished by solitary imprisonment, for a term not exceeding two months, and by confinement afterwards to hard labor, for a term not exceeding five years.

crimes not

SEC. 4. Be it further enacted, That the oath of any per Persors conson offending in any manner aforesaid, and thereof duly victed of such convicted as aforesaid, shall not be received, in any Court of to be received record, until such time as the judgment given against such a reversed, &c. person shall be reversed.

[Approved February 27, 1821.]

as witnesses un

Cheating by

ces.

CHAPTER XIII.

An Act for the Suppression and Punishment of Cheats.

SEC. 1. BE it enacted by the Senate and House of Reprefalse preten- sentatives, in Legislature assembled, That all persons, who knowingly and designedly, by false pretence or pretences, shall obtain from any person or persons, money, goods, wares, merchandize or other things, with intent to cheat or defraud any person or persons of the same, shall, on conviction thereof before the Justices of the Supreme Judicial Court, be senSupreme Jud. tenced to pay a fine to the use of the State, not less than forty dollars, and not exceeding four hundred dollars; or be sentenced to be confined to hard labor, for a term not exceeding seven years, at the discretion of the Court before whom such conviction shall be had.

Punishable in

Court.

Supreme Jud.

exclusive jurisdiction of all gross frauds at

SEC. 2. Be it further enacted, That the Supreme Judicial Court to have Court shall have exclusive jurisdiction of all gross frauds or cheats at common law; and any person who shall, before Corainon law. said Court, be convicted of any such fraud or cheat, shall be sentenced by the said Court to receive such punishment, as is provided in and by the first section of this Act.

Punishment for

stroying a res

[Approved February 14, 1821.]

:0:

CHAPTER XIV.

An Act respecting the wilful destruction and casting away of Ships and Cargoes; the custody of Shipwrecked Goods, and Trade and Navigation.

SEC. 1. BE it enacted by the Senate and House of Representwilfully de- atives, in Legislature assembled, That if any owner of, captain, sel, or causing master, officer, or other mariner belonging to, any ship or it to be done. vessel, shall, within the body of any County of this State, wilfully cast away, burn, sink, or otherwise destroy, the ship or vessel of which he is owner, or to which he belongs, or in any wise direct or procure the same to be done, with intent or design to prejudice any person or persons, that hath underwritten, or shall underwrite any policy or policies of insurance thereon, or, of any merchant or merchants, that shall load goods thereon; or of any owner or owners of such ship or vessel; every person so offending, being thereof lawfully convicted, before the Supreme Judicial Court of this State, shall be deemed and adjudged a felon, and shall be sentenced to imprisonment for life, or for a term not less than five years, at the discretion of the Court: Provided nevertheless, That nothing herein contained shall be construed to bar or prevent the party injured from having and maintaining his action for the damages, sustained thereby.

Party injured

may also have his action for

damages.

Punishment for fitting out a

Sec. 2. Be it further enacted, That if any owner of any ship or vessel shall equip, or fit out such ship, or vessel, within

tent to be wil

this State, with intent that the same should be wilfully cast vessel, with inaway, burnt, or otherwise destroyed, to the prejudice of any fully cast away. owner of any goods, laden on board said ship or vessel, or of any underwriter upon any policy, or policies of insurance upon such ship or vessel, or upon any goods laden thereon, and shall be thereof convicted before the Supreme Judicial Court of this State, such offender shall be sentenced to pay a fine not exceeding five thousand dollars, or be punished by solitary imprisonment for a term, not exceeding three months, and confinement to hard labor for a term, not exceeding five years.

Punishment for making out

ship false invoice,

&c. of cargoes, to defraud un

SEC. 3. Be it further enacted, That if any owner of any ship or vessel, or of any goods laden on board such or vessel, shall make out and exhibit, or cause to be made and exhibited any false or fraudulent bills of parcels, in- derwriters. voices, or estimates of any such goods, laden or pretended to be laden on board such ship or vessel, with intent to defraud any underwriter upon any policy or policies of insurance upon such ship or vessel, or upon any goods laden thereon; every person, so offending, and being thereof lawfully convicted, shall be sentenced to pay a fine not exceeding five thousand dollars, or be punished by solitary imprisonment, for a term not exceeding three months, and confinement to hard labor, for a term not exceeding five years.

Punishment for

false affidavit

or protest.

SEC. 4. Be it further enacted, That if any captain, mate or mariner of any ship or vessel, shall make out and swear to making any any false affidavit, or protest; or if any owner of any such ship or vessel, or of any goods laden thereon, shall procure such false affidavit, or protest, or, knowing the same to be false, shall exhibit the same, with intent to deceive and defraud any underwriter upon any policy of insurance upon any such ship or vessel, or any goods laden thereon, every person convicted thereof before the Supreme Judicial Court aforesaid, shall be punished in the manner prescribed in the third section of this Act.

Governor to

missioners of

several coun

ties,

sworn.

SEC. 5. Be it further enacted, That the Governor, with the advice of Council, be, and he is hereby authorized to ap-appoint Compoint, in the several counties of this State, a sufficient number wrecks in the of COMMISSIONERS, removeable at the pleasure of the executive, oF WRECKS and LOST GOODS, all of whom shall be commissioned and sworn to the faithful performance of their duty, who are to be and shall give bond to the Judge of Probate for the county in which they reside, with sufficient sureties to the acceptance And to give of said Judge, for the faithful discharge of their trust. And bond to Judge the same remedy may be had, on said bonds, to any owner, agent, or other person interested in said property, as is on bonds, given to Judges of Probate, for the faithful admin- administration istration on estates.

of Probate;

had same remedy

thereon, as on

bond.

SEC. 6. Be it further enacted, That any Commissioner, Commissioners appointed in pursuance of this Act, immediately on receiving

to take charge

of wrecked goods,

ventory, and make oath thereto, when required by Owner,

on payment for services. expenses and cas

tom house du

ties.

Compensation

referees, if not

expenses:

information of any shipwreck, finding of any goods or shipwrecked property of any kind, to the amount of one hundred dollars, or upwards, on any of the shores, or waters, within this State, shall immediately repair to said property, and in case the same is unattended by any owner, or agent, shall take charge of the same for the lawful owner; and in the best way and manner in his power, preserve and secure the same; and said Commissioner shall have all the power and authority of a fireward to preserve and secure the same, and compel assistance for that purpose; and it shall be the and take an in- duty of said Commissioner to take an inventory of the same, and when required by the owner, or agent of said property, or any insurance company, or underwriter, or other person interested in said property, shall make oath that the same is the whole property which has come to his custody, and shall and deliver the immediately deliver the same to the lawful owner, agent, or same to owner. other person legally authorized to receive it: Provided, he is paid or secured to be paid, such reasonable compensation for his services and expenses, and such custom house duties, as may be due from said property, or which may have been previously paid by said Commissioner; and said Commis sioner and the owner, or agent, shall have power to agree on the proper compensation to be allowed for said services but in case they shall not agree, said Comand to be settled by missioner shall receive such sum, as shall be awarded by agreed by the referees, mutually chosen by the parties; said Commissioner to choose one referee, the owner, agent, or other person interested, another, and the two thus chosen, shall choose a third; and the referees thus appointed, and the parties thus appointing them, shall proceed in all respects as is required by "An Act for rendering the decision of civil causes as speedy and as little expensive as possible;" and if either party shall be dissatisfied with the award of the referees aforesaid, notice shall be given to the opposite party and an appeal shall lie to the Supreme Judicial Court, next to be holden in and for the county, in which such property shall be found; and the Supreme Judicial Court shall have power to hear and determine the case, in the same manner, as if the cause came before them on an appeal from the Circuit Court of Common Pleas; and no owner or agent, or other person interested in said property, shall be holden to pay any charge to any other person for services or expenses, in taking or securing said property, than the Commissioners aforesaid, unless it be that property taken and secured before the arrival of said Commissioner; in which case said Commissioner shall, upon due hearing of all parties interested, determine the compensation to be received as aforesaid, and from his award in writing there shall be no appeal, unless the sum demanded and allowed by said Commissioner shall exceed the sum of fifty dollars; in which case an ap

parties interested.

Appeal from referces to S.

decision of

Jud. Court.

:

creting ship

peal shall lie to the Supreme Judicial Court, to either party aggrieved by the doings of said Commissioner; and similar process shall be had by said Court as is had in cases carried by appeal from the Circuit Court of Common Pleas and Penalty for sein case any person or persons shall, after the arrival of the wrecked prop Commissioner aforesaid, intermeddle with, take, secrete, or erty; detain any property shipwrecked or found as aforesaid, but as he or they are authorized and directed by the Commissioner, owner, or agent, or other person interested, he or they or intermed shall forfeit and pay the sum of one thousand dollars, for each dling with it and every offence, to be recovered by an action of debt in val of a Comany Court proper to try the same; and the said Commissioner, owner, agent, or other person interested, or either of them, are hereby authorized to bring said action and receive said penalty to their own use.

after che arri

missioner.

on their arrival

account of

penalty for

property at

duties,

SEC. 7. Be it further enacted, That it shall be the duty of Commissioners the Commissioners aforesaid, immediately on their arrival at at any wreck any wreck or goods found as aforesaid, to publish in the to publish an most expeditious manner, the facts they shall ascertain, that facts; the knowledge of the event may come to the owner, agent, or person interested, as soon as may be; and in all cases they shall publish the particulars of said shipwreck, or goods found, in the nearest newspaper to said shipwreck, or goods found, on penalty of fifty dollars, to be recovered by an ac- negleet. tion of debt, in any Court proper to try the same, at the suit of the owner, agent, or other person interested, who are hereby authorized to bring said action and receive the penalty recovered, to their own use; and it shall and may be lawful Commissioners for said Commissioners to dispose of so much of said proper- may sell suffi ty, at public auction, within thirty days from the taking the cent of the same into custody, as shall be sufficient to pay all duties, auction to pay due for the same, to the Custom House, and shall forthwith pay, or give security to the Custom House officer, for the and in certain discharge of the same; and in case the property so taken as the whole prop aforesaid is perishable, and cannot be retained in possession crty. for one year, without essentially lessening its value, and no owner, agent, or other person, interested in the same, shall appear to claim it, for the space of sixty days, it shall be the duty of said Commissioners to advertise said property in the public newspapers, and sell the same at auction to the best if no owner advantage, and if no owner, agent or other person, interested appear, within in said property, shall appear, in one year to claim said Commissioner property, it shall be the duty of each of said Commissioners inventory, or to present an inventory of said property, received by him as sales, to Stare aforesaid, or if sold, an account of sales to the Treasurer of Treasurer on this State, and to make oath, that the same is the whole property which has come to his possession, duties paid to the Custom House excepted, if said duties are paid; and shall pay over to the Treasurer aforesaid the whole balance remaining in his hands for the use of the State: and the Treas

cases may sell

one year. the

to present an

account of

cath.